Key Personal Injury Terms Every Florida Resident Needs To Know

If someone else’s reckless behavior causes you harm, no matter how powerful they are, the law is on your side. You have the right to hold them accountable for the costs and losses you’ve experienced. Unfortunately, many people in Florida aren’t fully aware of their rights, or they feel overwhelmed by the legal terms.

This article is here to clear things up by explaining:

• What personal injury claims are, and how they can be resolved in a settlement or trial.
• Key personal injury law terms like liability, negligence, or damages.
• Important legal standards like the burden of proof and the statute of limitations – and how they apply to personal injury claims.

What Is A Personal Injury Claim?

When you are injured due to the careless actions of another party (person, entity, company, etc), you can file a personal injury claim with their insurance company to seek compensation.

In Florida, the law entitles you to recover damages from the person responsible. However, the amount you can recover may be limited to their insurance coverage.

What Does “Liability” Mean In The Context Of Personal Injury Law?

In order to file a claim against someone, that person or entity must be legally responsible for the damage caused. In personal injury law, this is called “liability,” which means fault or responsibility.

Determining liability requires asking questions like: Who is at fault for the accident? Who’s deliberate or negligent actions led to your injury? Once you have the answer, you know who is legally responsible for covering your losses after an accident.

How Is “Negligence” Defined In Florida?

Negligence is the legal term used to describe someone’s carelessness. If someone is negligent, it means they didn’t take the kind of care that an ordinary person would take in the same situation. It doesn’t mean they had to be perfect—just reasonably careful.

For example, not every medical mistake is considered negligence. Negligence only occurs when the care provided falls below what an ordinary person would have done in those same circumstances.

For example, a doctor can do everything right and still have a poor outcome. However, if a surgeon shows up to the operating room while intoxicated or leaves a tool inside of your body after surgery, those are examples of negligence.

Why Is The Concept Of Negligence Important In Florida Personal Injury Law?

Negligence is key in Florida personal injury cases because it determines who is responsible for covering the costs of an injury.

Many people mistakenly believe that injuries can only be compensated if they were caused by malice or intentional harm. In reality, far more injuries happen due to negligence than deliberate actions – and those injuries are no less important than those caused by malice.

The concept of negligence clarifies that even if someone has the best intentions but causes you harm, they can be held responsible for making things right. That is why the standard for bringing a personal injury claim in Florida is almost always whether someone was negligent or failed in their duty of care.

Attorney Luke Moreau is a meticulous Florida personal injury lawyer who has helped countless clients just like you navigate the complexities of accident compensation. Having spearheaded a novel technique for making insurance companies pay – even in complicated uninsured collisions – his advice could be the difference between getting the compensation you need and receiving nothing.

Have you been injured in Florida? Contact The Law Offices of Luke T. Moreau, ESQ. today to schedule an initial consultation.

Call For A Free Consultation - (954) 466-2185

What Are “Damages” In Personal Injury Law?

In personal injury claims, “damages” refer to the losses and negative impacts you’ve suffered because of someone else’s negligent behavior. This includes financial costs, physical harm, emotional suffering, and any long-term effects on your life.

While it can be hard to assign a dollar value to things like pain and suffering, it’s necessary in order to get proper compensation. Calculating damages is one of the more complex aspects of personal injury law, which is one reason why having a lawyer handle this is crucial to ensure you receive what you’re owed.

What Types Of Damages Can You Claim In A Florida Personal Injury Case?

Damages can take many forms and come in various different types, some more obvious than others. Here are some examples:

• Medical bills, including: surgery costs, medication, physical therapy and more.
• Lost wages if you lost your job or lost time from work.
• Loss of future earning capacity if you had to change jobs as a result of your injury.
• Pain and suffering, both past and future.
• Any permanent disability.

Compensation is even possible for the loss of consortium. This refers to problems in a marriage or in a family as a result of someone’s injury. For instance, if a husband is injured and can no longer be physically intimate with his wife, that is a strain on the relationship and a source of damages. If that was the result of an injury, it is a viable type of damage, even if it is awkward to talk about.

Remember, damages should include every way in which your life was impacted by an injury.

What Is The Difference Between A “Trial” And A “Settlement”?

When you file a personal injury claim, your case can end in one of two ways: through a trial or a settlement.

Trial:

A trial occurs at the final stage of litigation, (the legal term for the process of filing a lawsuit), and includes everything from the selection of the jury to the final verdict by that jury.

During a trial, the lawyers for both sides will make arguments, question witnesses, and present evidence to swing the opinion of the jury toward their side.

This could result in the jury awarding you absolutely nothing or every penny you asked for – but most outcomes fall somewhere in between.

Settlement:

A settlement is a voluntary resolution of the insurance claim. It often happens before you ever get to trial, but it can happen at any point – even in the midst of trial – until the final verdict is given.

To reach a settlement, both the injured party and the responsible party have to come to an agreement on how much money the negligent party will have to pay to compensate you for your injuries in exchange for you dismissing any current claim.

In short, a settlement is what is voluntarily agreed upon between the parties, whereas a trial verdict is what a jury says, and that result is imposed upon the parties.

What Is The “Burden Of Proof” For My Personal Injury Case?

The burden of proof determines who needs to prove their case and how much evidence they must present to support their claims.

Essentially, if you have the burden of proof, it’s your job to provide solid evidence to back up what you’re saying. On the other hand, if you’re defending against a claim, your job is to challenge or refute the other side’s evidence.

For instance, in a Florida rear-end car accident, the driver of the rear vehicle is usually assumed to be at fault for the accident. This means they’re likely responsible for any damages.

However, they can challenge this assumption by presenting evidence that something else caused the crash, such as the front car stopping suddenly or a mechanical failure in their own vehicle.

The important thing is that they must show real, concrete proof—not just rely on statements or assumptions. If they can do this, the other driver only needs to challenge that evidence; they don’t have to provide additional evidence of their own version of events.

In short, the burden of proof shows who is responsible for presenting the evidence and arguments, while the other side’s role is to respond by pointing out weaknesses in that evidence..

Attorney Luke Moreau is a meticulous Florida personal injury lawyer who has helped countless clients just like you navigate the complexities of accident compensation. Having spearheaded a novel technique for making insurance companies pay – even in complicated uninsured collisions – his advice could be the difference between getting the compensation you need and receiving nothing.

Have you been injured in Florida? Contact The Law Offices of Luke T. Moreau, ESQ. today to schedule an initial consultation.

Call For A Free Consultation - (954) 466-2185

What Is The “Statute Of Limitations,” And How Does It Affect My Personal Injury Claim In Palm Beach County?

The statute of limitations is a law that sets a time limit for filing a lawsuit after an event like an accident or injury. If you miss this deadline, you may lose your right to seek compensation. In Florida, the statute of limitations for most personal injury cases was recently shortened by a law passed last March.

Previously, you had up to four years to file a personal injury lawsuit. Now, in most cases, that window has been reduced to two years. However, the time limits can vary depending on the specifics of your case.

For example, if you’re making a claim against another driver and have uninsured motorist coverage through your own auto insurance, you still have two years to file against the other driver, but you have up to five years to file a claim with your own insurance company.

Because the statute of limitations is now more restrictive, it’s crucial to contact an attorney as soon as possible to ensure you don’t miss the deadline for filing your claim. This is especially important to protect your rights and your ability to recover damages.

Why Is It Important To Work With A Personal Injury Attorney In Florida To Learn About The Claims Process?

Understanding the personal injury claims process can make a huge difference in how you handle the aftermath of an accident. The more informed you are, the easier it becomes to navigate essential tasks like getting your car repaired, seeking medical treatment, and ensuring those costs are covered.

For example, you might worry that you can’t afford the surgery or treatment you need because you don’t have the funds upfront. However, by understanding how personal injury claims work, you could learn that insurance from the at-fault party—or your own policy—often covers those expenses.

You can also find out about other useful tools, like a letter of protection, which can allow you to get the medical care you need by agreeing to pay the doctor for your personal injury claim settlement.

No matter what your situation might be, the claims process is usually stressful. While a personal injury attorney will handle the legal details for you, knowing how the process works helps you feel more in control – and understanding the road ahead helps most people feel less anxious about their situation.

How We Support Clients Like You

After an accident, it’s completely natural to feel anxious and overwhelmed. Your car may be damaged, getting to work could become a challenge, and you might be dealing with physical pain, unsure of which doctor to see or how to arrange medical care.

That’s why I prioritize giving clients clear, straightforward information about the personal injury process. I walk you through each step, so you always know what’s happening and what to expect. This approach not only helps you navigate the situation but also makes a big difference in finding peace of mind during a stressful time.

I’m always grateful to hear from clients who appreciate this approach. Even in the rare cases where the outcome wasn’t exactly what they had hoped for, my clients have consistently expressed how much it meant to them to fully understand their options and the reasoning behind the result.

Ultimately, my goal is to empower you with the knowledge you need to feel confident and informed as we move through the process together.

Still Have Questions About The Florida Personal Injury Process? Let Us Give You Answers.

For more information on Personal Injury Claims In Miami-Dade County And Beyond, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 466-2185 today.